- (1.) THE plaintiff-petitioner (hereinafter referred to as "petitioner") is aggrieved by order dated 22.12.1979 passed by Civil Judge, Malihabad, Lucknow rejecting petitioner's application seeking amendment in the plaint and revisional order dated 9/10.2.2006 rejecting petitioner's application C-17 and holding that revision has abated and consequently returning the record of original suit no.48 of 1967 to the Trial Court for further proceedings.
(2.) THE petitioner, K.S.Khurana vide plaint dated 1.9.1967 filed regular suit no.48 of 1967 seeking decree for permanent injunction restraining defendant- respondent no.1 (hereinafter referred to as "respondent") Kunwar Harendra Pratap Sahi from selling or otherwise encumbering Bungalow no.11, Rai Behari Lal Road, (Then P.S. Hazratganj now P.S. Mahanagar), Lucknow. The case set up by petitioner in the above suit is that respondent no.1 claimed to be owner of the aforesaid bungalow, built at plot no.440/3 and 440/4, leased it out to plaintiff on the lease charge of Rs.100 per month. The bungalow was built on a Nazul land held by the respondent 1 under lease of 90 years period from Nazul Department which commenced from 1935. There was an oral agreement dated 12.8.1965 for sale of aforesaid property pursuant whereto partial payment of Rs.200.00 as earnest money was made vide cheque no.BW/60-0944380 dated 12.8.1965. The respondent 1 issued receipt dated 12.8.1965 acknowledging the payment. Thereafter respondent 1 not only refused to accept lease charge of Rs.100.00 per month but also sent a letter dated 26.10.1965 terminating the lease and all other agreements etc. Hence the suit for permanent injunction.
(3.) THE petitioner sought an amendment in the plaint filing an application (no.ka 140) dated 29.11.1979 under Order VI Rule 17 C.P.C. for insertion of para 15-A regarding payment of additional court fees and a relief regarding specific performance. The amendment application was contested by respondent 1 asserting that relief of specific performance is now barred by limitation and amendment in order to bring in a relief which is barred by limitation shall not be allowed.;